| 英文摘要 |
A third party’s right is infringed when the criminal court issues a confiscation order against the said person. However, the third party does not count as a defendant in a criminal procedure and lacks the right of self-defense. In keeping with the principle of equality and to protect the third party’s right to possession, right to be heard, and right to relief, the Code of Criminal Procedure should provide a procedural mechanism for third parties whose possessions may be confiscated along with those for defendants. This is the theory of third-party confiscation procedure. To protect the rights of third parties, Item 3, Article 455-12 of the Code of Criminal Procedure requires that the court orders third parties to participate in the procedure ex officio, instead of at the request of the third party or the prosecutor. According to the principle of accusation, it is the court’s obligation to inform the relevant parties of the legal effects of its judgments, regardless of requests by the prosecutor. This also applies to confiscations against a third party. The ruling of Grand Panel for Criminal Matters in the Supreme Court (108) Tai-shang-da Tzu No. 3594 provides a praiseworthy argument regarding this issue. However, it does not fully respond to some of the counterarguments and leaves room for improvement. This article aims to engage in academic discourse regarding the ruling.
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